HomeMy WebLinkAbout2014-416 Animal Services - Town of Chapel Hill to Provide emergency after hour calls and protective services M-F from 8:00 a.m. - 5:00 p.m. $86,752 f.
[Departmental Use Only]
TITLE Chapel Hill Animal Control
FY 2014-15
TOWN OF CHAPEL HILL ANIMAL CONTROL, ANIMAL PROTECTIVE
SERVICES, EMERGENCY AFTER HOUR ANIMAL SERVICES AND
COLLECTION OF LICENSE FEES SERVICE AGREEMENT FY 2014 - 2015
This Town of Chapel Animal Control, Animal Protective Services, Emergency After Hour
Animal Services and Collection of License Fees Service Agreement is entered into by and
between Orange County, North Carolina ("County") and the Town of Chapel Hill, North
Carolina ("Town") as of the 1 st day of July 2014.
WHEREAS, Orange County provides animal control, animal protective services,
emergency after hours and animal tax license collection services within Orange County; and
WHEREAS, the Town has a need for the services provided by Orange County
through its Animal Services Department; and
WHEREAS, the Orange County operates a fully staffed Animal Services
Department that has the capacity, capability and a shared interest in offering after hour
emergency animal control and animal license collection fee services through an agreement
with the Town; and
WHEREAS, the Town has, and hereby does, designate the Orange County Animal
Services Director to be responsible for determining when a dog located within the Town is a
"potentially dangerous dog" pursuant to N.C. Gen. Stat. § 67.4.1; and
WHEREAS, the Town has, and hereby does, designate the Appeals Committee
established by Section 5 of "Animal Services Advisory Board Policies and Procedures" to
hear any appeals for a "potentially dangerous dog" determination pursuant to N.C. Gen. Stat.
§ 67-4.1; and
WHEREAS, the Town of Chapel Hill desires to enter into an agreement with the County
and has appropriated funds for the 2014-2015 fiscal year for the performance of critical after
hour emergency animal services and animal license fee collection within the Town of Chapel
Hill in accordance with the Town of Chapel Hill's Animal Control Ordinance.
NOW, THEREFORE, it is agreed based on the mutual promises contained herein and
for other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged by and between the County and the Town as follows:
WITNESSETH
1. Designation of Office of Animal Control.
a. The Town will designate the Orange County Animal Services Center as its
"Office of Animal Control," (OAC).
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b. The County is authorized to appoint an Animal Control Officer(ACO)to
respond to emergency and routine animal service calls within the Town.
2. Scope of Services.
a. Animal Control and Protective Services. The ACO shall provide animal
control and protective services to the Town during the hours of 8:00 am
through 5:00 pm, Monday through Friday, responding to calls within the Town
on both a routine and emergency basis.
i. All service calls responded to on behalf of the Town under this
agreement will be handled in accordance with the Town's Animal
Control Ordinance and policies developed mutually by representatives
of the Town and the County.
ii. The County will provide phone access at the OAC for the purpose of
receiving animal service calls during the hours noted in subparagraph
2(a)(i) above.
iii. The County will provide a quarterly report listing the number and types
of calls handled within the Town limits to the Chapel Hill Police
Department.
iv. All County employees responding to service calls under this agreement
will receive training pertaining to the Town's Animal Control Ordinance.
V. The County agrees to provide an animal control vehicle and necessary
animal control equipment for the use in the Town.
vi. At times when the designated ACO is on vacation or taking other forms
of leave, the County agrees to provide an individual to respond to
emergency calls for service, Monday through Friday, 8:00 a.m. to 5:00
p.m.
b. Emergency After Hour Call Services. The County shall provide emergency
after hour animal service calls as described below.
i. Emergency after hour animal services are from 5:00 pm to 8:00 am
Monday through Friday and all holidays and weekends.
ii. The County shall provide trained, qualified personnel to respond to
emergency after hour animal calls within the Town by going to the scene
when necessary to protect and preserve the health and safety of the public
and the life and health of animals.
iii. Qualified county personnel shall, when necessary and proper in the
judgment of County personnel, provide first aid treatment and/or take
animals requiring care to veterinary facilities according to County policy.
When immediate veterinary care is not needed in the judgment of County
personnel, an animal may be taken to the Animal Services Center. Sick
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and injured animals will be handled according to Animal Services'
operating policy.
iv. The County may, in its discretion, bear the cost of emergency care and
sheltering costs for animals that do not appear to have an owner or
keeper, or where the owner or keeper can be identified, charge the owner
or keeper with the cost of emergency care and sheltering costs of the
animals consistent with the Animal Services' operating policy.
V. County employees or their designees shall attempt to contact at a time
which is reasonable under the circumstances in each situation, the owner
or custodian of each animal involved in an emergency requiring
assistance.
vi. Where Town Public Safety and/or Town officers are also on the scene of
an animal-related emergency, the County personnel shall cooperate with
Town personnel in matters involving safety of persons and/or
enforcement of the Town's animal control ordinance.
vii. Subject to further guidelines as determined between the parties and
provided in "Guidelines for Emergency After Hours Calls" which are
attached hereto as Exhibit A and incorporated herein by reference.
C. Pet License Fee. The County agrees to collect animal taxes (or pet license fees)
for the Town and to remit or credit those taxes to the Town in a manner that is
mutually agreeable to the County and the Town.
i. The County is responsible for setting its animal tax (or pet license fees)
pursuant to North Carolina General Statute 153A-153. Animal tax.
ii. The Town is responsible for setting its animal taxes (or pet license fees)
pursuant to North Carolina General Statute 160A-212. Animal taxes.
iii. The Town and the County agree to provide each other with at least 60
days of notice about any change that they are making in their respective
animal taxes (or pet license fees).
3. Term. The Term of this Agreement shall be for the period beginning July 1, 2014 and
ending June 30, 2015.
4. Compensation. The Town shall compensate the County in quarterly
installments of Twenty-One Thousand Six Hundred and Eighty-Eight
Dollars ($21,688) for a total annual payment not to exceed Eight Six
thousand Seven Hundred and Fifty-Two Dollars ($86,752) for the services
provided in this Agreement.
The Town shall also compensate the County on a quarterly basis an
Administrative Fee of ten percent (10%) of the total revenues received by
the Town and processed by the County for pet licensing fees (or pet tax
fees) during the quarter.
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d. The County shall invoice the Town for Animal Control and Protective Services
and Emergency After Hour Calls Services and the Administrative Fee quarterly
beginning September 30, 2014, or shortly thereafter and each successive quarter
thereafter;
e. The Town shall pay the County within thirty (30) days after receipt of an
accurate invoice approved by the Town.
5. Termination. Either party may terminate this Agreement for any reason by providing the
other party sixty (60) days written notice of intention to terminate the Agreement.
6. Indemnity. Unless otherwise limited by applicable law, the County agrees to indemnify and
hold harmless the Town, its officers, agents and employees from all loss, liability, claims or
expense (including reasonable attorneys' fees) arising from bodily injury, including death or
property damage to any person or persons caused in whole or in part by the negligence or
willful misconduct of the County except to the extent same are caused by the negligence or
misconduct of the Town.
7. Entire Agreement. The parties agree to be bound by the terms of this Agreement, and
further agree that it constitutes the complete and exclusive statement of the Agreement
between the parties and any modifications to this Agreement shall be in writing and signed
by both the parties.
8. Governing Law. The parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. In the event of any dispute between the parties, venue is properly
laid in Orange County, North Carolina for any state court action and in the Middle District
of North Carolina for any federal court action.
9. Severability. The parties intend and agree that if any provision of this contract or any portion
thereof shall be held to be void or otherwise unenforceable, all other portions of this
Contract shall remain in full force and effect.
10. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the intent of the
Parties to comply with Article 11 A and Article 40 of North Carolina General Statute
Chapter 66.
11. Notices. Any notice required by this Agreement shall be in writing and delivered by certified
or registered mail, return receipt requested to the following:
Orange County Town of Chapel Hill
Attention: Animal Control Director Attention:
P.O. Box 8181
Hillsborough,NC 27278
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In witness whereof, the parties hereunto cause this agreement to be executed in their respective
names to become effective on the date hereinabove written.
[SIGNATURE PAGE TO FOLLOW]
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SIGNATURE PAGE
Orange County p
D ;-q" /L(
Bonnie H mmersley, County Manager Date
Approved as to technical content:
RoberTAnnfte o, 1 Services Director
Approved as to form and legal sufficiency:
M. ore, Staff Attorney
This instrument has been pre-audited in tt.
ma,prpr required by the I Government
TOWN OF CHAPEL HIL and Fis ntrol Act
Clarence G. Grier,Assis ant Co. Manager&
Attest by the Town Clerk:
Town Clerk Town Seal �'PEL
Town Clerk attests date this theZ�day of 3MAL4, , 20 1�
Approved as to Fogn d Authorization
- ov�
G
Town Attorney
This gCrol een pre-audited in the manner required by the Local Government Budget
and ct.
Fin
Chief of Polic
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EXHIBIT A:
GUIDELINES FOR EMERGENCY AFTER HOUR CALLS
TO THE CONTRACT BETWEEN THE TOWN AND ORANGE COUNTY FOR THE
PROVISION OF ANIMAL CONTROL SERVICES
Regular service involves an Animal Control Officer (ACO) being stationed at the Animal
Services Center Monday through Friday between 8:00 a.m. and 5:00 p.m. This ACO has
principal responsibility for enforcing the Town's animal control ordinance within the Town
limits and responding to calls about stray animals and other such requests for animal services.
Orange County Animal Control Officers will provide emergency services outside of regular
business hours (from 5:00 p.m. to 8:00 a.m.), Monday through Friday, and 24-hours on Saturday,
Sunday and holidays. These services include rabies exposures, dangerous animals, exigent
animal cruelty and animals in immediate need of assistance. The Town will perform "triage" of
after-hours service requests in accordance with guidelines jointly developed by Animal Services
and the Chapel Hill Police Department.
PROCEDURES FOR ORANGE COUNTY AND TOWN RESPONSE TO EMERGENCY
AFTER-HOURS ANIMAL CALLS
1. Injured Deer — A CHPD officer will respond to locate and euthanize. If the deer is a
slightly injured fawn, the CHPD officer may consult with a rehabber such as CLAW's
Inc. to make arrangements for its removal. The on-call ACO will assist with this
coordination as needed.
2. Owned Injured Animals —A CHPD officer will respond or otherwise instruct the owner
to take the animal to their veterinarian or the after-hours emergency veterinary clinic to
be cared for or euthanized.
3. Neglect/Cruelty Situations — A CHPD Officer will respond and make an assessment. If
the situation is severe, they will contact the on-call ACO for assistance. If it is not
severe, they shall document in an incident report. The report will be sent to the Animal
Services Center the next business day for investigation.
4. Strays —A CHPD Officer will respond or otherwise instruct the caller to take the animal
to the Animal Services Center and leave in the Drop Box.
5. Aggressive Dogs — A CHPD Officer will respond to assess and confirm the presence of
the reported animal. If the owner cannot be located to secure the dog, the on-call ACO
shall be contacted to assist in capturing the dog.
6. The on-call ACO will respond to any call(s) related to: Rabies Exposures; Bites to
Humans; Injured Strays.
7. The on-call ACO will not respond to the following calls: nuisance wildlife; and injured
or orphaned wildlife. Unless there is an immediate issue of public safety, the on-call
ACO will not respond to calls about snakes. If these calls make their way through
Communications, members of the public are to be referred to the Animal Services
webpage or asked to call Animal Services during regular business hours for appropriate
referral.
STATE OF NORTH CAROLINA
AFFIDAVIT:
COUNTY OF ORANGE E-VERIFY COMPLIANCE
WHEREAS, North Carolina General Statute § 160A-20.1(a) authorizes cities and towns to
contract with a private entity to carry out any public purpose that the city or town is authorized to
engage in by law; and
WHEREAS, North Carolina General Statute § 160A-20.1(b)prohibits cities and towns from
entering into a contract with a private entity unless said entity and its subcontractors complies
with the requirements of Article 2 of Chapter 64 of the General Statutes; and
WHEREAS, Article 2 of Chapter 64 of the General Statutes requires an employer that transacts
business in the State of North Carolina and employs 25 or more employees in the State of North
Carolina to verify the work authorization of its employees through the federal E-Verify program;
and
WHEREAS, in accordance of North Carolina General Statute § 160A-20.1(b) and as a condition
of bidding on potential contracts, the Town of Chapel Hill,North Carolina, requires contractors
to comply with the E-Verify requirements in Article 2 of Chapter 64 of the North Carolina
General Statutes as evidenced by submission of this Affidavit.
NOW THEREFORE, 1, (the individual attesting below),being
duly authorized by and on behalf of
(the entity bidding on project hereinafter"Contractor") and as a condition of bidding on
(the project, hereinafter"Project')with
for the Town of Chapel Hill,North Carolina, after first being duly sworn hereby swear or affirm
as follows:
1. Contractor is a person,business entity, or other organization that transacts business in the
State of North Carolina and employs 25 or more employees in this State. (mark Yes or No)
a. YES , or
b. NO _
2. Contractor understands that E-Verify is the federal E-Verify program operated by the
United States Department of Homeland Security and other federal agencies, or any successor or
equivalent program used to verify the work authorization of newly hired employees pursuant to
federal law in accordance with North Carolina General Statute §64-25(5).
3. Contractor affirms that if the answer to question 1 above is "yes"then after hiring an
employee to work in the United States it shall verify the work authorization of said employee
through E-Verify in accordance with North Carolina General Statute §64-26(a).
Small Service Contract Format Revised 9/2013 Page 1 of 2
4. Contractor acknowledges that a subcontractor that transacts business in the State of North
Carolina and employs 25 or more employees in this State must comply with E-Verify.
5. Contractor will ensure that any subcontractor subsequently hired by Contractor will
comply with E-Verify.
This day of , 2014.
Signature of Affiant
Print or Type Name:
Title:
Contractor:
State of
County of >
Signed and sworn to (or affirmed)before me, this the 0
day of , 20 CD 0
0
Notary Public
My Commission Expires:
I
Small Service Contract Format Revised 9/2013 Page 2 of 2
Certificate of Insurance Issue Date(MWDD/YYYY)
08/21/2014
Named Participant This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
Town of Chapel Hill This Certificate does not amend,extend or alter the coverage afforded by the Policies below.
405 Martin Luther King Jr.Blvd Companies affording Coverage
Chapel Hill,NC 27514 A= Interlocal Risk Financing Fund of North Carolina
B= North Carolina Interlocal Risk Management Agency
COVERAGES
THIS IS TO CERTIFY THAT THE COVERAGE LISTED BELOW IS AFFORDED TO THE PARTICIPANT NAMED ABOVE FOR THE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS
OF SUCH PROGRAM.
co Type of Coverage Policy Number Effective Expiration Limits of Liability
Ltr
Date Date
A GENERAL LIABILITY PL-62012-2014-00 07/01/2014 07/01/2015 Products-Comp/Operations $3,000,000
[R] Commercial General Liability Personal&Adv.Injury $3,000,000
❑ Claims Made p Occurrence Each Occurrence $3,000,000
Fire Damage(Any one fire) $1,000,000
Med.Expense(Any one person) N/A
Deductible $2,500
AUTOMOBILE LIABILITY Limit Deductible
❑Any Auto(Symbol 1) Combined Single Limit
❑ Hired Autos(Symbol 8)
❑ Non-Owned Autos(Symbol 9)
❑ Uninsured/Underinsured Motorists
PROPERTY Limit Deductible
❑ Real&Personal Property
❑ Builder's Risk
❑Auto Physical Damage(Symbol 7&8)
❑ Municipal Equipment
❑ Computer Equipment&Media
❑ Portable Equipment
❑ Fine Arts
Police Professional Liability Limit(per occurrence/aggregate) Deductible
❑
Claims Made ❑ Occurrence
Public Officials Liability Limit(peroctxurence/aggregate) Deductible
❑ Claims Made ❑ Occurrence
Employment Practices Liability Limit(per occurrence/aggregate) Deductible
❑ Claims Made ❑ Occurrence
Workers'Compensation Limit
❑Workers'Compensation and Employer's Liability Each Accident
❑WC Statutory Limit Disease-Each Employee
Disease-Policy Limit
OTHER COVERAGE Limit Deductible
Description
Evidence of coverage.
Certificate Holder Cancellation
Orange County Should any of the above described coverages be cancelled before
200 S.Cameron St. the expiration date thereof the issuing company will endeavor to
Hillsborough,NC 27278 mail 30 days written notice to the certificate holder named to the left,
but failure to mail such notice shall impose no obligation or liability
of any kind upon the company,its agents or representatives.
Authorized Representative